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Decision Text

AF | BCMR | CY2014 | BC 2014 01227
Original file (BC 2014 01227.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01227
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

The following medals are not reflected on his DD Form 214, 
Certificate of Release or Discharge from Active Duty:

  Vietnam Service Medal (VSM); (Will be administratively 
corrected)

  Vietnam Campaign Medal (VCM).


APPLICANT CONTENDS THAT:

His records were sent to his next Continental United States 
(CONUS) assignment and his statement of service in Southeast Asia 
was not processed.

He provides a copy of a signed two-page Statement of Service in 
Southeast Asia, dated 27 Mar 68, which contains 16 periods of 
temporary duty in Vietnam and Thailand, totaling 127 days.

The Board should find it in the interest of justice to consider 
his untimely application because records were lost over the years 
due to family moves, retirement, family health issues and numerous 
hospitalizations.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 7 Jan 49, the applicant entered the Regular Air Force.

On Aug 75, the retired from the Air Force after serving 26 years, 
06 months and 24 days of active service.  He had 2 years, 2 months 
and 23 days of foreign-service. 


AIR FORCE EVALUATION:

AFPC/DPAPP determined the corrective action the applicant 
requested, award of the VSM, was resolved through pertinent 
administrative procedures not requiring referral to the Air Force 
Board for Correction of Military Records (AFBCMR).  After 
reviewing his official military record and documentation he 
provided, DPAPP was able to verify and confirm boots on ground 
foreign service time in the Republic of Vietnam and Thailand for a 
total of 127 days between November 1966 and Mar 1968.  The amount 
of time reflected on his DD Form 214 is correct therefore; a 
correction is not needed.  Since specific locations are not 
annotated on a member’s DD Form 214, the applicant may use the 
DPAPP letter as proof of “boots on ground” for the Republic of 
Vietnam and Thailand.

The complete DPAPP evaluation is at Exhibit C.

AFPC/DPSID recommends disapproval of the award of the VCM.  DPSID 
was unable to verify award of the VCM.  There is no official 
documentation in the applicant’s record to verify he was in the 
area of eligibility for an aggregate of 6 months for award of the 
BCM. In addition, the Air Force Personnel Center (AFPC), 
Directorate of Assignments could only verify the applicant as 
having served in Vietnam and Thailand for a total of 127 days; 
therefore, rendering him ineligible for award of the VCM.  

The VCM is awarded to members of the United States Armed Forces 
who, between 1 Mar 61 and 28 Mar 73 served for six months in South 
Vietnam, or, served outside the geographical limits of South 
Vietnam and contributed direct combat support to the Republic of 
Vietnam Armed Forces for an aggregate of six months.  Only members 
of the United States Armed Forces who meet the criteria 
established for the Armed Forces Expeditionary Medal or the VSM 
during the period of service required are considered to have 
contributed direct combat support to the Republic of Vietnam Armed 
Forces; or, did not complete the length of service required, but 
who, during wartime, were:  wounded by the enemy (in a military 
action), captured by the enemy during action or in the line of 
duty, but later rescued or released, killed in action or in the 
line of duty; or were assigned in Vietnam on 28 Jan 73, and served 
in Vietnam for the entire period between 29 Jan 73-28 Mar 73.

DPSID was able to verify award of the VSM with three Bronze 
Service Stars (VSM w/3 BSS) and the Republic of Vietnam Gallantry 
Cross with Palm (RVNGC w/P).  The applicant provided a document 
titled “Statement of Service in Southeast Asia,” signed by Major 
Avery C. McCurry, dated 29 Mar 1968.  Written on the top right 
corner is the phrase, “April loss not processed.”  The two-page 
document is signed and dated by the applicant and lists numerous 
temporary duties with dates and number of days to Thailand and 
Vietnam.  It also states total days 127.  The AFPC Directorate of 
Assignments verified the applicant served in Vietnam and Thailand 
for a total of 127 days between November 1966 and March 1968.  
Upon final Board decision, administrative correction of the 
applicant’s official military personnel record will be completed 
by AFPC/DPSOR.  

The complete DPSID evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 24 Nov 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
correction of the applicant’s records to reflect his entitlement 
to the VCM.  We took notice of the applicant's complete submission 
in judging the merits of the case; however, we agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice.  We note the Air Force OPR has determined the 
applicant’s eligibility for the VSM w/3 BSS and will correct his 
records administratively.  Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting relief 
beyond that rendered administratively.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of newly 
discovered relevant evidence not considered with this application.


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01227 was considered:

	Exhibit A.  DD Form 149, dated 19 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 21 Jul 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 3 Nov 14.
	Exhibit E.  Letter, SAF/MRBR, dated 24 Nov 14.

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